Trade

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Titlesort descending Summary
U.S. v. Paluch (unpublished)


The court first concluded that venue was proper for the smuggling charges and the conspiracy charge. Turning to the convictions, the court found that his convictions of felony conspiracy and smuggling were supported by sufficient evidence. The court rejected his argument that the general smuggling law was inapplicable to the acts for which he was convicted because Congress had separately criminalized this conduct as a misdemeanor under the Endangered Species Act.

UK - Wildlife Trade - Ivory Act 2018
United States of America v. James and Thomas Allemand


The jury convicted the Allemands of conspiring to export illegally taken wildlife and to file false records concerning wildlife intended for export.  The court held that any error in the trial court's failure to instruct the jury that it could convict for conspriacy to make and submit false records concerning wildlife export only if conspirators intended to violate the law it was amended in 1988 was harmless where almost all the evidence adduced at trial related to acts from a time after the amendment was effective.

United States v. Kum


Defendant convicted for conspiracy to smuggle endangered wildlife into the United States.  Government moved for upward departure from sentencing range.  Held:  Court would not depart upward to reflect cruel treatment of animals (other holdings generally unrelated).

US - Elephant - African Elephant Conservation Act A U.S. federal law that reaffirms the endangered status of African elephants and allocates money toward conservation efforts.
US - Elephant - Asian Elephant Conservation Act A U.S. federal law that reaffirms the endangered status of Asian elephants and allocates money toward conservation efforts.
US - Exotic Birds - Wild Exotic Bird Conservation Act The Wild Exotic Bird Conservation Act addresses the population threat to non-indigenous wild birds due to the demand the from U.S. as the number one importer of exotic birds (e.g., the "pet" bird trade). Exceptions under the statute include qualified breeding facilities, scientific or zoological study, and people returning the U.S. who have been out of the country for more than a year (limited to two birds).
US - Fisheries - Packwood-Magnuson Amendment The aim of this statute is the development of United States' controlled fishing conservation and management program designed to prevent overfishing and to rebuild depleted stock.
US - Fisheries - Pelly Amendment (§ 1978) The Pelly Amendment provides restrictions on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs.
US - Fur, dog and cat fur products - Chapter 4. Tariff Act of 1930. This federal statute prohibits commerce in dog or cat fur. Specifically, the statute forbids import into, or export from, the United States of any dog or cat fur product; or the introduction into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in interstate commerce, offer to sell, or transport or distribute in interstate commerce in the United States, any dog or cat fur product. The exception under the act is for the importation, exportation, or transportation, for noncommercial purposes, of a personal pet that is deceased, including a pet preserved through taxidermy.

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